Civil society organisations demonstration outside Constitutional Court ahead of hearing on the Copyright Amendment Bill and the Performers’ Protection Amendment Bill.
Johannesburg 19 May 2025 – On 21 May 2025 civil society organisations Blind SA, SECTION27, Recreate SA, the South African Democratic Teachers Union (“SADTU”), the South African Guild of Actors (“SAGA”), the Library and Information Association of South Africa (LIASA), Right 2 Know, Wikimedia South Africa and more will be doing a demonstration outside the Constitutional Court until midday in support of the Copyright Amendment Bill (“CAB”) and the Performers’ Protection Amendment Bill (“PPAB”).
The CAB is a draft legislation aimed at amending certain provisions of the Copyright Act 98 of 1978, the legislation governing copyright in South Africa, while the PPAB is draft legislation that aims to amend provisions of the Performers’ Protection Act 11 of 1967, the legislation that provides for the protection of performers’ rights. After being subjected to many years of parliamentary debate and revision, both bills were sent to the President for signature in March 2019. However, the President sent these back to Parliament in June 2020 for reconsideration, stating that he had six reservations with the bills that Parliament first needed to address.
Parliament, having reconsidered and revised these bills, approved the CAB and the PPAB on 29 February 2024 and sent these to the President, once again, for signature, where it was expected they would be signed into law.
Blind SA and SECTION27 had a particular interest in the President’s signing of the CAB, in light of the matter Blind SA v Minister of Trade Industry and Competition case no. 14996/21 in which Blind SA, represented by SECTION27, challenged provisions in the Copyright Act that discriminated against persons who are blind and visually impaired. In this case, the Court ordered Parliament to amend the Copyright Act to include an exception to copyright for persons who are blind and visually impaired by 21 September 2024, implying that the CAB be signed into law by this date.
Due to the President’s failure to sign the CAB by 21 September 2024, Blind SA, represented by SECTION27, launched urgent litigation against the President in October 2024 to compel him to sign the Bill. However, on 10 October 2024, the President referred the CAB and PPAB to the Constitutional Court noting that, while some of his reservation no s have been addressed by Parliament, his reservations in respect of sections 6A, 7A, 8A, 12A to 12D, 19B and 19C of the CAB were not fully addressed. More specifically, the President is concerned that these provisions amount to a deprivation of a copyright holder’s property and do not align with international treaty obligations.
Through his referral of the bills, the President has therefore requested the Constitutional Court to determine the constitutionality of these provisions. The hearing will take place on both 21 and 22 May 2025 at the Constitutional Court from 10:00. As the President is the only party that has asked the court for an order, there are no opposing parties. However, Blind SA, represented by SECTION27, has been invited by the court to participate as an “Interested Party” (together with Parliament and interested political parties represented in the National Assembly) and has made written submissions and will be making oral submissions during the hearing.
Eight organisations, which include Recreate Action*, have been admitted as amicus curiae (friends of the court) and have made varying written submissions in support of, and against, the relevant provisions of the CAB and its effects on the PPAB. ReCreate Action is represented by the Legal Resources Centre and their legal Counsel includes Advocate Iain Currie, Advocate Emma Webber, Advocate Daniel Linde, and Advocate Sibongiseni Qagana.
The amendments to the CAB and the PPAB have the power to advance a number of rights such as the right to basic education, research and innovation, and the right to freedom of expression, as well as afford greater protection to the rights of creatives. In the wake of much contestation, Blind SA, SECTION27, Recreate Action, SADTU and SAGA will picket outside the court on 21 May 2024 in support of the CAB and the PPAB.
Jace Nair Blind SA CEO – “Blind SA has an interest in the provisions of the CAB and the PPAB since blind and visually impaired persons are creators, authors and performers. In addition, we believe that the exceptions for education, library and archives are essential in transforming our society.”
SECTION27 – “SECTION27 welcomes this opportunity to represent Blind SA before the Court and highlight those provisions of the CAB that will allow equal access to educational materials as well as advance the right to freedom of expression and the right to participate in the cultural life of your choice”.
Recreate Action – “The copyright advocacy movement in South Africa, exemplified by ReCreate, and now by the many organisations signed on to our amicus in support of the bills, show an unprecedented coming together of sectors of South African society, many of whom are seriously disadvantaged by our current copyright laws, this includes users and creators of copyright. Proving that we can achieve fair and balanced legislation that protects the income of creatives while also ensuring people can access important learning materials, and that many organisations believe these bills do a good job of achieving that.”
SAGA – “South African actors are desperate to secure a royalty earning right in our statute books. The PPAB provides the royalty right, while the CAB provides the means by which to collect and disburse those royalties. In a creative industry that remains unregulated, and that offers actors no protection under Labour Laws, the issue of royalty rights becomes a matter of career sustainability, and even survival.”
LIASA – “LIASA supports the signing of the Copyright Amendment Bill as it promotes equitable access to information, particularly for the blind community, by enabling libraries to provide materials in accessible formats. The Bill removes outdated restrictions that limit libraries from supporting education, research and innovation, while aligning with the Constitution, SDGs and international copyright standards such as Marrakesh Treaty. Following extensive public consultation, the Bill provides legal clarity and supports the transformation and advancement of the LIS sector in SA.”
SADTU – “SADTU believes that the signing of CAB is a key that unlocks the door to a world of knowledge and creativity. By allowing educators to utilise copyrighted materials in their teaching, we empower them to inspire, innovate, and ignite the minds of future generations. Through fair use, we create a bridge that connects students to a wealth of information, fostering critical thinking and lifelong learning.”
Please note: Recreate Action (the third amicus curiae) represents 21 different organisations including SADTU, SAGA, the Directors Association Africa (IDAA), the Library and Information Association of South Africa (LIASA), the Authors Alliance South Africa, the Committee for Higher Education Libraries of South Africa (CHELSA), Creative Commons South Africa, the National Professional Teachers’ Organisation of South Africa (NAPTOSA), the Higher and Further Education Disability Services Association (HEDSA), Music Makers United (MMU), the South African Finishing Artists and Imaging Technicians Society (SAFAITS), the Southern African Regional Universities Association (SARUA), Data Science for Social Impact (DSFSI), Wikimedia South Africa, the Wits Centre for Deaf Studies, the Association from Progressive Communications (APC), Right to Know Campaign (R2K), The International Federation of Library Association (IFLA)and the South African National Deaf Association (SANDA).
For any media queries, please contact:
SECTION27: Pearl Nicodemus | nicodemus@section27.org.za | 082 298 2636
Blind SA: Lerato Jiyane | pr.intern@blindsa.org.za | +27 68 039 4857
ReCreate SA: Kyla Mc Nulty | recreateza@gmail.com | +27 68 039 4857
